N6893621R0006 Commercial Solicitation.docx

N6893621R0006

Section SF 30 - BLOCK 14 CONTINUATION PAGE

GENERAL INFORMATION

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Email address: Robert.roulusonis@navy.mil

U.S. Postal Service Mailing Address:

Direct Delivery Address (UPS, FedEx, etc.):

Section B - Supplies or Services and Prices

Lot

Maintenance and Installation Services

FFP

The contractor shall provide maintenance and installation services in accordance with Section 3 of the Statement of Work (SOW) and each individual Task Order (TO) or Delivery Order (DO). The contract ordering period is five years, also referred to herein as a five year period of performance.

FOB: Destination

PSC CD: H949

NET AMT

Lot

Maintenance and Installation Supplies

FFP

The contractor shall provide maintenance and installation supplies in accordance with Section 3 of the Statement of Work (SOW) and each individual Task Order (TO) or Delivery Order (DO). The contract ordering period is five years, also referred to herein as a five year period of performance.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

PSC CD: H949

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

Statement of Work (SOW) Maintenance and Installation Support Services

1.0 BACKGROUND AND SCOPE

1.1 BACKGROUND

The Naval Air Warfare Center Weapons Division (NAWCWD) China Lake, CA intends to contract with a contractor who can provide system maintenance, installation, and engineering capabilities. The selected organization will repair equipment, re-establish building functions, increase equipment capability, and install new equipment. Presently, existing buildings and equipment require constant repairs due to the age and current conditions; upgrades and repairs are important to obtain to meet accreditation standards to allow for safe quality operation.

The Naval Air Warfare Center Weapons Division Earthquake Integrated Product Team recovery effort includes the design of multiple facilities lost or irreparably damaged during the July 2019 Earthquake. The projects are located on the Naval Air Weapons Station (NAWS), China Lake. The location and the missions that the structures support create the requirement for updated facilities to increase capability. Presently, existing buildings and equipment require constant repairs due to the age and current conditions; upgrades and repairs are important to obtain to meet accreditation standards to allow for safe quality operation. In addition, the installation of new equipment and systems into new and existing buildings hold specific work functions for optimal use.

1.2 SCOPE

The overall management effort of this project is in need of a project/mission-based contractor that can demonstrate proficiency in system maintenance, installation, and engineering capabilities. The selected organization will repair equipment, reestablish building functions, increase equipment capability, and install new equipment, either Government property or otherwise purchased on various similar contract actions.

2.0 APPLICABLE DOCUMENTS

2.1 NAWSCLINST 8020.14G CH-1, Explosive Safety Policy, 6 APR 2017

3.0 REQUIREMENTS:

3.1 Diagnostics and Troubleshooting of Equipment and Instrumentation The contractor shall aid in trouble shooting equipment when not functioning properly. This will include problems within the electrical feed/supply to the equipment and may lead back to the step-up transformer for specialized equipment (listed below). Issues within the controls of the equipment will include the Programmable Logic Controls (PLCs) within the control system, distributive control systems, instrumentation sensors, logic programing and Human Machine interfaces. Additionally, the contractor shall trouble shoot various mechanical systems. These systems include heavy industrial equipment, ranging from large mixers to machining equipment; and mostly but not limited to, remotely controlled, heavily logic controlled systems.

3.2 Installation of Equipment and Removal of Existing Equipment The contractor shall install new or repaired equipment and remove existing process equipment, which may range from one hundred pounds to twenty-thousand pounds. This may include entering small passages to input heavy weight handling equipment into location for removal or installation. In some cases, the disassembly of the equipment will be required to match the size of handling equipment that can enter into the location. The contractor shall secure all equipment to floors and make minor adjustments to meet engineering specifications.

3.3 Replacement and Installation of Process Lines, Valves and Piping The contractor shall replace existing process lines as well as the installation of new process lines to support new or existing equipment. These can range from small one-quarter inch lines to six-inch lines and may be any type of piping material. The following materials are considered typical for use, but not limited to: steel, stainless steel, copper, and polyvinyl chloride (PVC). This function will require pipe fitters and welders; however, may not be limited to welding and other non-welded methods. Any number of pipe materials and connection functions to install this pipe may be required. As with replacements, this may require installation of piping sizes up to six-inches. While connecting process lines, it is imperative that all components create and maintains interoperability and compatibility with new and existing systems.

3.3.1 The contractor shall replace existing equipment as well as add new insulation to piping or replace existing insulation. Requirements may include manual valve installation, control valve installation, checking pressure valves, pressure relief valves, and back flow preventers. The insulation to piping can range from small one-quarter inch lines to six-inch lines and may be any type of piping material.

3.4 Replacement and Installation of Control Systems

The contractor shall replace existing controls from instrumentation sensor systems to Distributed Control Systems (DCS), Programmable Logic Controls (PLCs), Human Machine Interfaces, logic programing, and interlock systems; which may include providing control logic programing or modification to existing logic programming as required. In addition, the contractor shall replace and install control wiring and conduits to repair or add capability to existing equipment. While replacing existing controls, the contractor shall create and maintain interoperability and compatibility with any new and existing systems.

3.5 Replacement and Installation of Internal Electrical Systems The contractor shall repair and install internal electrical power systems to process equipment. This will include routing new conduits and conductors between the transformers and the building main circuit breaker panel and between the circuit breaker (CB) and process equipment/control systems. This function will include routing of power to or from the main circuit breaker to equipment/control system as part of equipment upgrades or new equipment installation. Tasking may include conduit installation, conductor installation, power transmission equipment, repair building circuits, and repair lighting or lighting circuits as needed.

3.6 Installation of Equipment Cooling and Heating Systems

The contractor shall install cooling and heating systems within designated facilities. Installation will include chillers and condensers as part of cooling packages for equipment specifications. The contractor shall install fiber optic cabling, patch panels, and Ethernet. The contractor shall install or replace new or existing secondary transformers as required to supply power to new or existing equipment.

3.7 Engineering Support

The contractor shall provide Engineering support for process layouts, process flow diagrams, and process instrumentation diagrams.

3.8 Facility Preparation

The contractor shall prepare designated facilities for reuse or installation of new equipment. Preparation may include, but not limited to: tear down of general equipment, removal and disposal of aged equipment, debris removal, sweep floors, dust removal, and paint all interior spaces.

4.0 SPECIAL CONSIDERATIONS

4.1 Place of performance and Contractor Personnel

The contractor shall perform all contract requirements at NAWCWD China Lake, main side of the base and the China Lake Propulsion Laboratory (CLPL). The contractor shall also provide adequate personnel to perform all tasking associated with this contract along with proper insurance. Contractor personnel will be required to where safety shoes, safety goggles and gloves. The work environment will consist of extended hours inside and/or outside at all times of the year; lots of lifting, stooping, bending, etc.

4.2 Non-Personal Services

The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Procuring Contracting Officer (PCO) immediately.

4.3 Obtaining and Retrieving Base Identification

Contractors requiring access to federal installations shall obtain the appropriate base identification for all contractor personnel who make frequent visits to or perform work at government sites. Contractor employees shall be required to display identification badges that identify them as contractor employees while working in support of this contract. Exception to displaying the identification badge will be when contractor employees are working with machinery or objects that could cause safety issues. The Government will furnish the identification badges, upon Contractor registration in the RapidGate Program. The Contracting Officer Representative (COR) shall be contacted regarding badging and any access requirements. The contractor shall be responsible for prompt return of credentials for an employee who no longer requires access to the work site(s), upon separation, resignation, firing, completion or termination of the contract or expiration of base identification. The contractor shall ensure that all base identification passes issued to contractor employees are returned to the appropriate component issuing office.

4.4 Entry Procedures to Controlled/Restricted Areas

Contractor employees shall comply with local base procedures for entry into any Federal Installation controlled and restricted areas. If contractor employees require unescorted entry to controlled or restricted areas, the contractor shall comply with the Federal Installations Command Physical Security Plan and DoD Personnel Security Program, DoD 5200.0-R.

5.0 SECURITY

5.1 IT Security: Access to CUI, FOUO, and/or Government IT Systems Information Security. Direct Support contractor personnel working under the purview of a DoN Commanding Officer/Commander shall comply with the local security provisions and the requirements of SECNAV M-5510.36 (series). The contractor shall implement and maintain security procedures and controls to prevent unauthorized disclosure of controlled unclassified information and to control distribution of controlled unclassified information in accordance with DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM), and SECNAV M-5510.36.

For Official Use Only information generated and/or provided under this contract shall be marked and safeguarded as specified in DoDM 5200.01, Information Security Program Manual (Volume 4) available at http://www.dtic.mil/whs/directives/corres/pdf/520001_vol4.pdf . Contractor shall not store or transmit Controlled Unclassified Information (CUI) on personal information technology systems or via personal e-mail. Unclassified e-mail containing any DoD CUI shall be encrypted. Prior to sending CUI to any non-Navy Marine Corps Internet (NMCI) addressees, the sender must first positively verify all recipients are authorized access to CUI and have need-to-know. Non-NMCI recipients must have a DoD compliant Private Key Infrastructure (PKI) certificate that enables electronic transmission via unclassified networks while protecting the CUI with a digital signature and encryption.

5.2 Communications Security (COMSEC)

Communications Security. The contractor will require access to COMSEC at government/contractor locations. U.S. cryptographic equipment inventory information, as well as the systems and manner in which each particular equipment is used, is for official use only. Publication or release of any related COMSEC information by any means, by the contractor, without prior written approval of the contracting officer is prohibited. The contractor must be a U.S. citizen, have a final Government security clearance with the appropriate personnel security background investigation for the level of classification involved, have strict need-to-know, have the appropriate COMSEC briefing before access is granted, and granted access only in conformance with procedures established for the particular type of COMSEC information involved. The contractor shall adhere to the DD Form 254 COMSEC security requirements, facility COMSEC material control and operating procedures, and all applicable COMSEC regulations, instructions, and policies. Prior approval from the Government Contracting Activity is required in order for a prime contractor to grant COMSEC access to a subcontractor.

5.3 Operations Security (OPSEC)

Operations Security. The contractor shall comply with the OPSEC requirements outlined within the DD Form 254.The Contractor shall develop, implement, and maintain an OPSEC program to protect controlled unclassified activities, information, equipment, and material used or developed by the contractor and any subcontractor during performance of the contract. The contractor shall be responsible for the subcontractor implementation of the OPSEC requirements. The OPSEC program shall be in accordance with DoD and DON OPSEC requirements, to include:

1) Assignment of responsibility for OPSEC direction and implementation;

2) Planning guidance for the use of OPSEC practices and principles to identify vulnerabilities and apply applicable countermeasures. (Contact NAWCWD Industrial Security Office for a current OPSEC Annex and CI Guide);

3) Establishment of OPSEC education and awareness training;

4) Provisions for management, annual review, and evaluation of OPSEC programs;

5) Flow down of OPSEC requirements to subcontractors when applicable

5.4 Public Disclosure of Information

Public Release. Disclosure of information is covered by DFARS 252.204-7000 Disclosure of Information, incorporated in Section I of the contract. Concerning subsection (a)(2), “information otherwise in the public domain” is information officially released into the public domain, e.g. via Distribution Statement A, and does not include information in the public domain that has not been officially released. For disclosure of unclassified information that has not been officially released, the contractor must seek specific approval from the Contracting Officer, with approval from the NAWCWD Public Affairs Office (PAO).

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

14-FEB-2025

AMBER RICHARDS

2400 E PILOT PLANT RD, BLDG 11020, ROOM 1

CHINA LAKE CA 93555

(760) 939-7217

N68936

14-FEB-2025

N68936

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

Section H - Special Contract Requirements

ORDERING PROCEDURES

INTRODUCTION

The Government intends to allow all contract holders a fair opportunity to compete for orders under this requirement. Orders estimated at greater than $10,000.00 will be competed among contract holders. For purposes of this requirement, order is defined as the total estimated value of an entire order, and not individual line items or single unit price.

REQUEST FOR QUOTE (RFQ)

The Ordering Officer designated under the contracts will issue a request for quotation, via electronic mail.

This request will include:

a. RFQ # and or PLAN#

b. Item(s) description

c. Quantity

d. Delivery date

e. Delivery point

f. Specifications and other documents, if necessary

g. Certifications requirements, if necessary

h. Quotation submission deadline (date and time)

i. Evaluation and award procedures

CONTRACTOR’S QUOTE

The contractor’s quote shall include, as a minimum:

a. Unit price

b. Total order price, including shipping

c. Proposed delivery date

d. Origin of proposed materials

e. Other information as delineated in each RFQ

f. If subcontracting is contemplated, the quote shall include:

1. Name, address of subcontractor

2. Business size (Reference FAR 19.102). If subcontractor is a small business, include any additional small business subcategories which the subcontractor represents

3. NAICS Code for work or items provided by subcontractor

4. Price

5. Percent of work to be performed by the subcontractor

CLARIFICATIONS

Offerors may request the Ordering Officer to provide clarification of technical and delivery requirements; however, questions and answers may be shared with all prospective contractors. Proprietary information will be protected, providing the offeror clearly identifies which data are proprietary and the Government agrees with the determination.

LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWL OF OFFERS

Quotes received after the deadline as specified in the RFQ are “late” and will not be considered unless it is the only offer received. Offerors may request that the Ordering Officer extend the deadline. If an extension is granted, all contractors who received the RFQ will be notified of the extension. Modifications and revisions must be received prior to the deadline date in order to be considered; however, modifications of an otherwise successful quote that make its terms more favorable to the Government will be considered at any time it is received and may be accepted. Revised offers may be withdrawn by written notice (email is acceptable) at any time before the exact time set for receipt of offers.

NO BID/NON INTEREST

Offerors are encouraged to indicate no-interest on RFQs issued by the Government. Frequent no-bid, no interest, or non-responsiveness by any contract holder may result in termination for convenience.

DELIVERIES

Delivery times are considered critical. On-time and late deliveries will be tracked for all contractors.

Consideration to revise the delivery date may be proposed by vendors but must be of value to the Government. (Suggestions include free/expedited shipping, product discount, additional product, invoice reduction, etc.) Collection of consideration for late delivery will result in a modification to the Order. The scheduled delivery date will be changed to reflect the actual delivery date and Past Performance will NOT be impacted negatively. The Ordering Officer will notify the Contracting Officer of any contractor who is consistently late in making deliveries. This may result in the Contracting Officer making a determination on a case-by-case basis that the contractor is excluded from competition on future orders.

EVALUATION/AWARD

Evaluation and award procedures will be tailored to each acquisition and will typically be issued either on the basis of price alone or with consideration of price and other factors (trade-off) as shown below. The evaluation and award procedures to be followed for each order will be indicated in the individual RFQs.

1. Low Price Technically Acceptable Evaluation the Government may issue an order resulting from the RFQ to the lowest price offeror with satisfactory past performance whose offer conforms to the RFQ.

2. Tradeoff The Government may issue an order resulting from the RFQ to the offeror whose offer conforming to the RFQ will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

a. Technical (proposing to supply the requested materials and any required certifications).

b. Delivery Date

c. Past Performance

d. Price The Government will conduct evaluation of quotes. The Government will select the quotation that offers the greatest value to the Government. Notification will be given only to the successful offeror.

ORDERS UP TO $10,000.00

Orders valued at $10,000.00 or less may be issued without a RFQ and issued to any contract awardee at the discretion of the Ordering Officer. However, the Government reserves the right to request a quote from any or all contract awardees.

ORDERS BETWEEN $10,000.00 AND $50,000.00

Orders estimated to be valued over $10,000.00 up to $50,000.00 will be competed using the procedures described herein.

ORDERS GREATER THAN $50,000.00

Orders that are estimated to exceed $50,000.00 will be competed using the procedures described herein; however, any ensuing orders will be issued on a SF 1449 by the Contracting Officer.

MODIFICATIONS TO PROCEDURES

These procedures may only be modified by mutual agreement of the Contracting Officer and each contract holder.

H-TXT-EQR California earthquake recovery efforts July 2019 - Earthquake Recovery

Emergency acquisition flexibilities identified in FAR 18.203, "Emergency Declaration or Major Disaster Declaration" and DFARS 218.203 "Incidents of national significance, emergency declaration, or major disaster declaration" as they relate to the California earthquake recovery efforts identified on July 2019 apply to this procurement.

Contracting officers consult the Disaster Response Registry via the System for Award Management (SAM) to determine the availability of contractors for debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities inside the United States and outlying areas. See FAR 26.2 as it relates to disaster or emergency assistance activities.

Section I - Contract Clauses

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate.